TERMS AND CONDITIONS OF BOOKING

Ultimate Hospitality Limited

IMPORTANT: These Conditions contain important provisions concerning agency, payment, cancellation, postponement, corrected Event dates, supplier refunds and limits of liability. The Customer should read them before confirming a Booking.

1. Definitions and interpretation

1.1 “Agency Services” means the sourcing, arranging, booking, administration and support services provided by Ultimate Hospitality in its capacity as booking agent.

1.2 “Agreement” means the legally binding agreement comprising the Booking Form, these Conditions, any applicable Supplier Terms, and any additional written terms expressly accepted by Ultimate Hospitality.

1.3 “Booking” means the Customer’s order for a Package which has been accepted in accordance with clause 3.

1.4 “Booking Form” means Ultimate Hospitality’s booking form, order confirmation, proposal or invoice containing the Booking particulars, whether signed electronically or in writing.

1.5 “Business Customer” means a Customer acting wholly or mainly for purposes relating to its trade, business, craft or profession.

1.6 “Conditions” means these Terms and Conditions of Booking.

1.7 “Consumer” means an individual acting wholly or mainly outside their trade, business, craft or profession.

1.8 “Customer” means the person or legal entity named on the Booking Form and includes each person who confirms or pays for a Booking.

1.9 “Event” means the sporting, cultural, entertainment, corporate or other event identified in the Booking Form.

1.10 “Force Majeure Event” means an event or circumstance beyond the reasonable control of the affected party which could not reasonably have been prevented or avoided, including war, terrorism, civil disorder, epidemic, pandemic, governmental action, national mourning, industrial dispute, transport-system failure, fire, flood, natural disaster, extreme weather, venue closure or safety and security measure. A lack of funds alone is not a Force Majeure Event.

1.11 “Guest” means any person who attends or is intended to attend an Event or use any element of a Package through the Customer’s Booking.

1.12 “Package” means the Event access, hospitality and any associated goods or services described in the Booking Form.

1.13 “Price” means the total price stated in the Booking Form, together with VAT and any agreed or properly chargeable additional amounts.

1.14 “Supplier” means an event organiser, venue, rights holder, ticket provider, hospitality provider, accommodation provider, carrier, transport provider or other third party that supplies any element of a Package.

1.15 “Supplier Refund” means cleared funds actually received by Ultimate Hospitality from a Supplier specifically in respect of a cancelled or changed element of the Customer’s Booking.

1.16 “Supplier Terms” means the terms, rules, policies and conditions of a Supplier, venue, rights holder or organiser that apply to any element of the Package.

1.17 “Travel Package” has the meaning given to a package under the Package Travel and Linked Travel Arrangements Regulations 2018, as amended or replaced.

1.18 “Ultimate Hospitality” means Ultimate Hospitality Limited, company number 13378234, whose registered office is stated above.

1.19 References to writing include email. Headings do not affect interpretation. Words following ‘including’ or similar expressions are illustrative and do not limit the preceding words.

2. Ultimate Hospitality’s role and Supplier arrangements

2.1 Unless the Booking Form expressly states that Ultimate Hospitality is supplying a particular service as principal, Ultimate Hospitality acts as the Customer’s booking agent when sourcing, arranging and administering services provided by Suppliers. The Customer appoints Ultimate Hospitality to make those arrangements and authorises it to communicate with, contract with and make payments to Suppliers on the Customer’s behalf.

2.2 Ultimate Hospitality contracts with the Customer as principal for the Agency Services it provides. The underlying Event, admission, hospitality, accommodation, transport and other third-party services are supplied under the relevant Supplier Terms.

2.3 Ultimate Hospitality is not required to disclose the identity of any Supplier or provide copies of its confidential commercial agreements with Suppliers. The Customer and all Guests must comply with any applicable event organiser, venue, ticketing and admission terms, rules or restrictions communicated by Ultimate Hospitality, displayed on tickets or passes, or published by the relevant organiser or venue. Ultimate Hospitality will communicate any material restrictions of which it is aware where reasonably practicable and where required by applicable law.

2.4 The description of Ultimate Hospitality as agent reflects the intended legal relationship but does not override any mandatory law or the true substance of a particular transaction. Where applicable law treats Ultimate Hospitality as organiser, retailer or principal, Ultimate Hospitality will perform the obligations that the law requires and nothing in these Conditions excludes them.

2.5 Ultimate Hospitality is not responsible for a Supplier’s acts or omissions except to the extent that applicable law makes Ultimate Hospitality responsible, Ultimate Hospitality failed to exercise reasonable care in selecting or arranging the Supplier, or these Conditions expressly provide otherwise.

3. Booking formation and authority

3.1 Website content, brochures, proposals and quotations are invitations to treat and are subject to availability. No Booking is binding until Ultimate Hospitality accepts it in writing or receives cleared payment after providing the Booking particulars and these Conditions, whichever occurs first.

3.2 The Customer accepts the Agreement by signing or electronically accepting the Booking Form, confirming the Booking by email, or making payment by payment link or bank transfer after receiving or being given a reasonable opportunity to read these Conditions.

3.3 A person confirming a Booking for a company, partnership or other organisation warrants that they have authority to bind it. A person arranging a Booking for Guests confirms that they have authority to accept relevant attendance and Supplier conditions on their behalf and must bring those conditions to their attention.

3.4 Ultimate Hospitality may decline a Booking before acceptance. Availability may change before cleared payment is received. If the requested Package becomes unavailable before acceptance, Ultimate Hospitality may offer an alternative or return any payment received for the unavailable Booking.

3.5 The Agreement constitutes the entire agreement concerning the Booking. The Customer acknowledges that it has not relied on a statement not recorded in the Agreement, but nothing excludes liability for fraud or fraudulent misrepresentation or limits a Consumer’s statutory rights.

3.6 Any Customer purchase-order terms or other standard terms are excluded unless a director of Ultimate Hospitality expressly accepts them in writing.

4. Booking information and Customer responsibilities

4.1 The Customer must check the Booking Form immediately, including the Event, date status, Package description, quantity, Price and payment dates, and promptly notify Ultimate Hospitality of any error.

4.2 The Customer must provide complete and accurate Guest names, contact information, accessibility requirements, dietary information and other details by each stated deadline. Late or inaccurate information may prevent fulfilment and will not release the Customer from payment.

4.3 The Customer and Guests are responsible for valid passports, visas, photographic identification, health documentation, travel authorisations and other documents required for admission or travel. Advice from Ultimate Hospitality is general information only unless expressly agreed as a separate professional service.

4.4 The Customer must ensure that the Package is suitable for each Guest, including age, mobility, dress-code and nationality restrictions. The Customer must tell Ultimate Hospitality of accessibility needs before Booking so that availability can be checked.

5. Price, VAT and payment

5.1 The Customer must pay the Price and all other amounts by the dates stated in the Booking Form. Unless the Booking Form states otherwise.

5.2 Time for payment is of the essence for a Business Customer. Payment is not treated as made until Ultimate Hospitality receives cleared funds without deduction, set-off or counterclaim.

5.3 Ultimate Hospitality may correct an obvious clerical, typographical or calculation error before the Event. It may pass on a new or increased tax, levy or mandatory Supplier charge imposed after Booking where permitted by law. A Consumer will receive any cancellation right required by law following a material price increase.

5.4 Unless expressly stated otherwise, payments made using a corporate or commercial credit or debit card will carry a processing fee of 3.5%, provided that the fee does not exceed the actual cost incurred by Ultimate Hospitality in accepting that payment method. The applicable fee will be disclosed before payment is made.

5.5 A Business Customer must pay interest on overdue sums at 8% per year above the Bank of England base rate, accruing daily, together with reasonable debt-recovery costs and any compensation available under the Late Payment of Commercial Debts (Interest) Act 1998. For a Consumer, Ultimate Hospitality may recover only interest and costs that are lawful, fair and proportionate.

5.6 If payment is overdue, Ultimate Hospitality may suspend work, withhold documentation, decline to transfer funds to a Supplier, cancel the Booking under clause 10, or exercise any other lawful remedy. Suspension does not extend payment dates or make Ultimate Hospitality responsible for resulting loss of availability.

6. Event dates, times and information

6.1 Event dates, start times, fixture details, participants and programmes may be provisional, indicative or subject to change until confirmed by the organiser, governing body, broadcaster, venue or Supplier. The Customer must not make non-refundable travel or accommodation arrangements in reliance on provisional information.

6.2 Ultimate Hospitality will take reasonable care when communicating information received from Suppliers but does not guarantee that an Event will occur on an advertised or initially confirmed date, at a particular time or at all.

6.3 The Customer should independently check final Event and travel information before departure. Ultimate Hospitality will pass on material confirmed information it receives where reasonably practicable.

7. Corrected, postponed and rescheduled Event dates

7.1 If an Event date was incorrectly stated by Ultimate Hospitality, or an organiser, venue, governing body, broadcaster or Supplier subsequently confirms or changes the Event date, the Booking will automatically transfer to the correct or revised date. The Package and all payment obligations will remain valid for that date.

7.2 Ultimate Hospitality will notify the Customer as soon as reasonably practicable after receiving or becoming aware of confirmed information about the correct or revised date. A corrected, postponed or rescheduled Event is not treated as cancelled while the Booking remains valid for a replacement date.

7.3 Subject to clauses 7.4, 11 and 20, the Customer is not entitled to cancel or receive a refund merely because the Customer or a Guest cannot attend the correct or revised date.

7.4 Where an incorrect Event date was originally stated, Ultimate Hospitality will automatically transfer the Booking to the correct date upon receiving confirmation from the relevant Supplier, organiser, venue or governing body. Ultimate Hospitality will notify the Customer as soon as reasonably practicable. The Customer will not be entitled to cancel or receive a refund solely because of the corrected date

7.5 Ultimate Hospitality is not responsible for independently arranged travel, accommodation, subsistence, loss of earnings or other consequential costs affected by a corrected, postponed or rescheduled date, except where such liability cannot lawfully be excluded.

8. Alterations, substitutions and allocations

8.1 Suppliers may change Event times, venues, routes, formats, participants, performers, seating, box or suite allocations, hospitality locations, menus, speakers, entertainment, dress codes, access arrangements and other operational details.

8.2 Ultimate Hospitality may make a reasonable change or substitution required to fulfil the Booking, provided that the Package as a whole remains substantially equivalent. Images, sample menus, plans and descriptions are illustrative unless expressly guaranteed in the Booking Form.

8.3 Exact ticket, seat, table, suite or box numbers may be confirmed close to the Event and may change for operational or Supplier reasons. A change within the same stated category or to a reasonably equivalent location is not a material change.

8.4 If a Supplier or Ultimate Hospitality cannot provide a material element, Ultimate Hospitality may offer a reasonably equivalent or superior alternative. If no reasonable alternative is available, the remedy will be determined under clauses 11, 12 and 20 according to the Customer’s status and applicable law.

9. Tickets, documentation and delivery

9.1 Tickets, passes and joining instructions may be issued electronically, through a mobile application, by post, for collection, or by another secure method. They may be supplied shortly before the Event where that is normal Supplier practice.

9.2 Ultimate Hospitality may withhold tickets and documentation until all sums and required Guest information have been received. The Customer must promptly confirm receipt and report any apparent error.

9.3 The Customer is responsible for providing a compatible device, email address, mobile number and any Supplier account required for electronic entry. The Customer must keep all credentials secure and must not duplicate, alter or unlawfully transfer any ticket or pass.

9.4 Risk in physical tickets and documents passes on delivery to the Customer’s nominated address or representative. Replacement is subject to Supplier approval and all associated costs.

10. Cancellation by the Customer

10.1 A Customer may request cancellation only in writing. Cancellation takes effect when Ultimate Hospitality acknowledges it in writing. Non-attendance or failure to use any part of the Package is treated as cancellation by the Customer and does not extinguish payment obligations.

10.2 If a Business Customer cancels a confirmed Booking, all payments already made are non-refundable. The Business Customer remains liable for all outstanding amounts due under the Agreement, together with any additional Supplier, administration, cancellation or other reasonable charges incurred by Ultimate Hospitality as a result of the cancellation.

10.3 If a Consumer cancels a confirmed Booking where no statutory cancellation right applies, Ultimate Hospitality may retain or charge an amount representing services already performed, non-recoverable Supplier commitments, loss of net profit and other losses reasonably caused by the cancellation, less costs saved and net proceeds of any successful resale. The amount will not exceed the unpaid Price plus properly incurred additional charges.

10.4 A statutory 14-day cooling-off right will not normally apply to contracts for catering or leisure services to be supplied on a specific date or within a specific period. Where a statutory cancellation right does apply, these Conditions do not restrict it.

10.5 Ultimate Hospitality may, but is not obliged to, try to resell or transfer a cancelled Package. Any assistance does not suspend payment obligations. Following a successful resale and receipt of cleared funds, Ultimate Hospitality will account for the net amount recovered after deducting Supplier charges, discounts, administration, commissions, payment costs and other reasonable losses. Ultimate Hospitality does not guarantee resale or transfer.

11. Cancellation by the organiser or Supplier

11.1 If the organiser permanently cancels an Event without a replacement date, Ultimate Hospitality will request any available refund or credit from the relevant Supplier.

11.2 For a Business Customer, Ultimate Hospitality’s obligation in respect of a third-party element supplied in its capacity as agent is limited to paying or crediting the corresponding Supplier Refund actually received. Ultimate Hospitality is not required to fund a Supplier refund from its own resources and gives no guarantee as to the amount or timing of recovery.

11.3 For a Consumer, clause 11.2 applies only to the extent permitted by law. If applicable law makes Ultimate Hospitality responsible for repayment irrespective of Supplier recovery, Ultimate Hospitality will comply with that obligation.

11.4 A cancellation of one element does not automatically cancel the entire Package. Remaining elements will continue where reasonably possible. Any refund, credit or price reduction will relate only to the affected element, unless the Package is a Travel Package or applicable law requires a different remedy.

11.5 Ultimate Hospitality may offer a replacement Event, credit or rebooking as an alternative. A Consumer will not be required to accept an alternative instead of a cash refund where the Consumer has a legal right to that refund.

12. Refunds

12.1 Subject to a Customer’s statutory rights, any refund for a third-party service arranged by Ultimate Hospitality as agent is limited to the Supplier Refund attributable to that service. Separate Agency Services already fully performed, and a clearly disclosed Agency Service fee, are not refundable except where required by law.

12.2 Ultimate Hospitality will issue a refund after entitlement has been established, any relevant Supplier Refund has been received where clause 11.2 applies, and reasonable payment and identity checks have been completed. Any statutory refund deadline takes priority.

12.3 Refunds will normally be returned to the original payment method and payer. Ultimate Hospitality may require evidence of identity, authority and bank ownership to prevent fraud, money laundering or misdirected payment.

12.4 Ultimate Hospitality may deduct only sums which the Agreement and applicable law permit it to retain, including an amount lawfully retained by a Supplier and the value of services already provided.

13. Supplier failure and insolvency

13.1 If a Supplier fails, refuses or becomes unable to perform, Ultimate Hospitality will use reasonable efforts to obtain performance, a suitable alternative, credit or a Supplier Refund, depending on availability and the Supplier Terms.

13.2 For a Business Customer, Ultimate Hospitality is not liable for the insolvency or default of a Supplier where it acted as agent, exercised reasonable care in selection and did not guarantee the Supplier’s performance. Any recovery will be limited to sums actually recovered for the Customer, subject to clause 18.

13.3 For a Consumer, and for every Travel Package, this clause applies only to the extent permitted by mandatory law and any applicable financial-protection scheme.

14. Admission, conduct and use restrictions

14.1 Admission is controlled by the organiser and venue. The Customer and Guests must comply with Supplier Terms, security procedures, age restrictions, dress codes, codes of conduct and all lawful instructions.

14.2 A Supplier may refuse admission or remove a person for misconduct, intoxication, safety or security concerns, breach of ticket restrictions or failure to provide required identification. No refund is due where refusal or removal results from the act or omission of the Customer or a Guest.

14.3 Tickets and hospitality may not be resold, advertised, transferred, used as competition prizes, bundled with other goods or used for promotional purposes without prior written approval. The Customer is responsible for a Guest’s breach and resulting loss.

14.4 The Customer will indemnify Ultimate Hospitality against losses, claims and reasonable costs arising from a Business Customer’s or its Guests’ unlawful conduct, unauthorised resale or material breach. This indemnity does not apply to the extent caused by Ultimate Hospitality and does not apply to a Consumer beyond what is fair and lawful.

14.5 Ultimate Hospitality may source Event access or hospitality through authorised resellers, private suite holders, hospitality partners, ticket holders or other secondary-market Suppliers. Unless the Booking Form expressly states otherwise, Ultimate Hospitality acts as the Customer’s booking agent when arranging those third-party services.

14.6 The Customer acknowledges that secondary-market Bookings remain subject to the original issuer’s, organiser’s, venue’s and Supplier’s terms, including restrictions concerning transfer, resale, guest identification, ticket delivery and admission. Tickets or passes may be transferred or issued close to the Event date.

14.7 Ultimate Hospitality will exercise reasonable care when selecting and dealing with a secondary-market Supplier. Subject to applicable law, Ultimate Hospitality is not responsible for that Supplier’s acts, omissions, insolvency, failure to transfer valid access, breach of resale restrictions or failure to provide the booked services.

14.8 If a secondary-market Supplier cancels, invalidates or fails to provide a Booking, Ultimate Hospitality will use reasonable efforts to secure reasonably equivalent replacement access or recover money from the Supplier. For a Business Customer, any refund is limited to the amount actually recovered from that Supplier. For a Consumer, this limitation applies only to the extent permitted by law.

14.9 Ultimate Hospitality does not guarantee admission where the Customer or a Guest breaches a ticket restriction, fails to provide required identification, transfers access without permission or otherwise fails to comply with applicable Supplier Terms. Nothing in clauses 14.5 to 14.9 excludes liability which cannot lawfully be excluded or removes any ticket information disclosure required by law.

15. Accommodation, transport and additional services

15.1 Accommodation, flights, rail, transfers and other travel services are subject to availability and additional Supplier Terms, check-in rules, baggage limits, identification requirements and change or cancellation charges.

15.2 Unless the Booking Form expressly states otherwise, independent services requested after the original Booking are separate arrangements and the cancellation of one does not cancel another.

15.3 The Customer must take out suitable travel, cancellation, medical and event insurance. Insurance is not a substitute for any statutory protection and Ultimate Hospitality does not arrange insurance unless expressly agreed and legally authorised.

16. Package travel and ATOL

16.1 A Booking combining two or more travel services may constitute a Travel Package or linked travel arrangement. If so, mandatory travel-law rights, prescribed information, insolvency protection and any separate travel terms provided with the Booking prevail over inconsistent provisions of these Conditions.

16.2 Where Ultimate Hospitality is the organiser or retailer of a Travel Package, describing itself as agent does not remove duties imposed by the Package Travel and Linked Travel Arrangements Regulations 2018.

16.3 Ultimate Hospitality will not accept or confirm a flight-inclusive arrangement unless it is supplied and protected through a lawful ATOL structure where ATOL protection is required. The Customer will receive an ATOL Certificate when the law requires one and should check that its contents match the Booking.

16.4 No statement in these Conditions that a refund depends on Supplier recovery applies where mandatory package-travel or ATOL law requires Ultimate Hospitality or another identified organiser to refund, repatriate or otherwise protect the traveller.

17. Force majeure

17.1 Neither party is liable for delay or failure to perform caused by a Force Majeure Event, except that the Customer must pay for services already provided and neither party is excused from obligations that applicable law requires despite the Force Majeure Event.

17.2 The affected party will take reasonable steps to mitigate the effect. Ultimate Hospitality may suspend performance, alter arrangements, offer an alternative or terminate an affected element where performance becomes impossible or materially impracticable.

17.3 Refund and repayment rights following a Force Majeure Event will be determined under clauses 11, 12 and 16 and applicable law. Force majeure does not automatically allow Ultimate Hospitality to retain money where the Customer is legally entitled to repayment.

18. Liability

18.1 Nothing in the Agreement excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of a liability that cannot lawfully be excluded, or a Consumer’s statutory rights.

18.2 Subject to clause 18.1, Ultimate Hospitality is not liable for indirect or consequential loss, loss of profit, revenue, business, opportunity, anticipated savings, goodwill or reputation, or independently arranged travel and accommodation costs. For a Consumer, this exclusion applies only to loss which was not reasonably foreseeable when the Agreement was made and which is not recoverable under applicable law.

18.3 Subject to clause 18.1, Ultimate Hospitality’s aggregate liability to a Business Customer arising from a Booking, whether in contract, tort, misrepresentation, restitution or otherwise, will not exceed the total Price paid to Ultimate Hospitality for that Booking.

18.4 For a Consumer, Ultimate Hospitality is responsible for foreseeable loss caused by its breach or failure to use reasonable care and skill, but not for business loss or loss caused by the Consumer, a Guest, an unrelated third party, or an event which Ultimate Hospitality could not reasonably have avoided, subject to mandatory law.

18.5 Nothing in these Conditions makes Ultimate Hospitality responsible for a Supplier merely because Ultimate Hospitality collected payment as agent. This does not affect a liability imposed by package-travel law, consumer law or another mandatory enactment.

19. Payment security, fraud and chargebacks

19.1 Ultimate Hospitality may carry out identity, address, sanctions, payment and fraud checks and may require additional verification before accepting a Booking, releasing tickets or paying a refund.

19.2 The Customer warrants that it is authorised to use the payment method and that payment information is accurate. Ultimate Hospitality may cancel or suspend a Booking where it reasonably suspects fraud, unauthorised payment or illegality.

19.3 Before initiating a chargeback or payment dispute, the Customer should give Ultimate Hospitality a reasonable opportunity to investigate, unless doing so would prejudice a statutory or card-scheme right. An unjustified chargeback does not cancel the Agreement or extinguish a valid debt.

19.4 A Business Customer must reimburse reasonable costs incurred in responding to an unjustified or fraudulent chargeback. Nothing in this clause restricts a Consumer’s statutory or card-provider rights, including rights under section 75 of the Consumer Credit Act 1974 where applicable.

20. Consumer rights

20.1 If the Customer is a Consumer, services supplied by Ultimate Hospitality must be performed with reasonable care and skill and information stated or agreed as required by law may be binding. Nothing in the Agreement excludes or restricts those rights.

20.2 If a provision would be unfair or unenforceable against a Consumer, it will apply only to the maximum extent permitted by law. The remainder of the Agreement continues in effect.

20.3 Where these Conditions distinguish between Business Customers and Consumers, the Consumer wording applies to a Consumer. A Business Customer may not rely upon protections which apply only to Consumers.

21. Data protection and communications

21.1 Ultimate Hospitality processes personal data in accordance with its privacy policy and applicable data-protection law. The Customer must ensure that it has a lawful basis to provide Guest information and has given Guests any required privacy information.

21.2 Ultimate Hospitality may share personal data with Suppliers where reasonably necessary to arrange or administer the Package, comply with security requirements, prevent fraud or meet legal obligations, including where a Supplier is outside the United Kingdom and lawful transfer safeguards apply.

21.3 Operational messages about a Booking are not marketing and may be sent by email, telephone or other contact details supplied by the Customer. Marketing communications will be handled in accordance with applicable law and stated preferences.

22. Confidentiality and intellectual property

22.1 Each party will keep the other’s confidential information confidential and use it only for the Agreement, except where disclosure is required to a Supplier, professional adviser, insurer, authority or by law.

22.2 Ultimate Hospitality retains all intellectual-property rights in its website, proposals, brochures, package descriptions and materials. The Customer may use Booking materials only to administer and attend the relevant Event and must not reproduce them commercially.

23. Termination by Ultimate Hospitality

23.1 Ultimate Hospitality may suspend or terminate a Booking by written notice if the Customer fails to pay on time, commits a material breach and fails to remedy it where capable of remedy, becomes insolvent, provides fraudulent or materially inaccurate information, or creates a material legal, sanctions, safety or reputational risk.

23.2 Termination does not affect accrued rights. If termination results from the Customer’s breach, the cancellation provisions in clause 10 apply and the Customer remains liable for resulting loss, subject to applicable law.

24. Notices

24.1 A notice under the Agreement must be in writing and sent by email to the address used for the Booking or any replacement address notified in writing, or by prepaid first-class post to the recipient’s registered office or address stated in the Booking Form.

24.2 A notice is deemed received: if sent by email, at the time of transmission unless a delivery-failure message is received, provided that an email sent after 5:00 pm on a business day is treated as received at 9:00 am on the next business day; or if posted, at 9:00 am on the second business day after posting.

24.3 Notices to Ultimate Hospitality by post must be sent to: Ultimate Hospitality Limited, Silverstream House 4th Floor, 45 Fitzroy Street, Fitzrovia, London, England, W1T 6EB. This clause does not govern service of court proceedings.

25. General

25.1 The Customer may not assign or transfer the Agreement without Ultimate Hospitality’s prior written consent. Ultimate Hospitality may assign the Agreement to a group company or purchaser of its business, provided that this does not reduce a Consumer’s rights.

25.2 No failure or delay in exercising a right is a waiver. A waiver is effective only if in writing and applies only to the circumstances for which it is given.

25.3 If a provision is invalid or unenforceable, it will be deleted or modified to the minimum extent necessary and the remaining provisions continue in force.

25.4 No person other than a party to the Agreement may enforce it under the Contracts (Rights of Third Parties) Act 1999, except that a Supplier may rely upon a provision expressly stated to protect it. The parties may vary or terminate the Agreement without a third party’s consent.

25.5 Any variation must be agreed in writing by an authorised representative of Ultimate Hospitality, except for a change permitted by these Conditions or required by a Supplier or applicable law.

26. Governing law and jurisdiction

26.1 The Agreement and any non-contractual dispute are governed by the law of England and Wales.

26.2 A Business Customer submits to the exclusive jurisdiction of the courts of England and Wales.